Anthony, et al v. Benefield et al

Filing 24

ORDER signed by Judge Morrison C. England, Jr on 7/23/2010 ORDERING that dfts' 17 motion to dismiss and motion to strike is GRANTED w/ leave to amend; pltfs may file an amended cmplt w/in 20 days. (Yin, K)

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Anthony, et al v. Benefield et al Doc. 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Through this action Plaintiffs, past and present residents of the Oroville Inn located in Oroville, California, seek redress for a litany of state and federal law claims arising out of their residency. Presently before the Court is a Motion by Defendants v. JONOTHAN BENEFIELD, et al., Defendants. ----oo0oo---ANGELA ANTHONY, et al., No. 2:10-cv-00689-MCE-DAD Plaintiffs, ORDER UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA Walnut Hill Estate Enterprises, LLC, Jonothan Benefield, and Julie Benefield ("Defendants") to Dismiss Plaintiffs' Fourth, Fifth, Sixth, Seventh, and Ninth Causes of Action alleged in Plaintiffs' First Amended Complaint for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). /// 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Additionally, Defendants move to strike portions of Plaintiffs' Second, Third, Sixth, Ninth, Thirteenth, Fifteenth, and Sixteenth Causes of Action pursuant to Federal Rule of Civil Procedure Motion to Strike pursuant to Rule 12(f).1 to timely file an opposition. Pursuant to Local Rule 230(c), opposition to a motion must be filed not less than fourteen (14) days prior to the date of the hearing. June 24, 2010. June 10, 2010. The date of the hearing on the motion was set for Fourteen (14) days prior to the hearing was No opposition was filed as required. Counsel is Plaintiffs have failed cautioned, however, that failing to file a responsive pleading in the future may give rise to the issuance of sanctions. In light of the fact that no opposition was filed by Plaintiffs, Defendants' Motion to Dismiss and Motion to Strike (Docket No. 17) is GRANTED with leave to amend. Plaintiffs may file an amended complaint not later than twenty (20) days after the date this Memorandum and Order is filed electronically. If no amended complaint is filed within said twenty (20)-day period, without further notice, Plaintiffs' claims will be dismissed without leave to amend. IT IS SO ORDERED. Dated: July 23, 2010 _____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE Because oral argument will not be of material assistance, the Court deemed this matter suitable for decision without oral argument. Local Rule 230 (g). 2 1

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